Under the WHS legislation Law Firms have the primary duty for ensuring, so far as is reasonably practicable, that the psychosocial risks to the health and safety of its workers and others in its workplaces are avoided and/or managed. That is, Law Firms have an obligation to identify which psychosocial hazards negatively affect employees’ health and well-being and take appropriate action to control the impact of those hazards.

The Respect@Work report provides a further basis for the proactive positive duty to manage.

Under Workers Compensation legislation psychological injuries are a compensable injury but not where they are caused by reasonable management action, or reasonable administrative action, conducted in a reasonable manner.

Overview of session

• Understanding the legal basis for managing psychosocial hazards: Code of Practice; Regulations; Act; Jurisdictional differences
• Understanding typical psychosocial hazards in the workplace: Discussing theory; Practical examples; What is reasonable management action and how management action can be carried out in a reasonable manner
• Respect@Work: Changes to legislation; Kate Jenkins Report; Understanding legal elements; New AHRC guidelines
• Case Law: Analysing case law to enhance understanding of how courts have interpreted the obligations
• Practical Compliance: Providing managers with practical tools to manage issues
• Other Considerations: Burnout; High job demands; Dysfunctional interpersonal working relationships

There will be plenty of opportunities for questions throughout the session.

About the presenter

David Dilger is a co-founder of Edge Legal. David has particular expertise in industrial relations and safety. David fundamentally understands the IR system from an employer perspective, having been the Chief Workplace Relations Officer of a peak Employer Organisation where he delivered training to businesses on behalf of the Federal Government following the introduction of the Fair Work Act. He has been instrumental in enterprise bargaining strategy, particularly in organisations with workforces over 500 people and multiple Unions.

For organisations, David provides: user friendly Due Diligence training; comprehensive safety audits; crisis management for workplace fatalities providing onsite and remote expertise from immediate response action to safety investigations, response action advice and dealing with coronial inquests and safety prosecutions; project management for the enterprise bargaining; and Management of large scale transfer of business situations.

David has also tutored in workplace law and human resources at the University of Tasmania and is a regular workplace trainer particularly in the areas of DISC and managing performance and conflict. David is a regular contributor to commentary on a variety of workplace issues as a facilitator and presenter at national HR and Safety conferences as well as social media, TV and print.